# C_2020313EN.01000401.xml

| 21.9.2020 | EN | Official Journal of the European Union | C 313/4 |
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21.9.2020

EN

Official Journal of the European Union

C 313/4

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Order of the Court (Ninth Chamber) of 6 February 2020 (request for a preliminary ruling from the Consiglio di Stato — Italy) — Azienda ULSS No 6 Euganea v Pia Opera Croce Verde Padova

(Case C-11/19) (1)

(Reference for a preliminary ruling - Article 99 of the Rules of Procedure of the Court of Justice - Public procurement - Directive 2014/24/EU - Article 10(h) - Article 12(4) - Specific exclusions for service contracts - Civil defence, civil protection, and danger prevention services - Non-profit organisations or associations - Ordinary and emergency medical transport services - Regional legislation requiring priority to be given to recourse to a partnership between contracting authorities - Freedom of the Member States to choose how services are provided - Limits - Obligation to state reasons)

(2020/C 313/05)

Language of the case: Italian

Referring court

Consiglio di Stato

Parties to the main proceedings

Appellant: Azienda ULSS No 6 Euganea

Respondent: Pia Opera Croce Verde Padova

Interveners: Azienda Ospedaliera di Padova, Regione Veneto, Croce Verde Servizi

Operative part of the order

| 1. | Article 10(h) and Article 12(4) of Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC must be interpreted as not precluding a regional law that makes the award of a public contract conditional on a partnership between public bodies being unable to provide the ordinary medical transport service, provided that the choice made in favour of one means of providing services in particular, made at a stage prior to that of public procurement, has due regard to the principles of equal treatment, non-discrimination, mutual recognition, proportionality and transparency. |
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1.

Article 10(h) and Article 12(4) of Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC must be interpreted as not precluding a regional law that makes the award of a public contract conditional on a partnership between public bodies being unable to provide the ordinary medical transport service, provided that the choice made in favour of one means of providing services in particular, made at a stage prior to that of public procurement, has due regard to the principles of equal treatment, non-discrimination, mutual recognition, proportionality and transparency.

| 2. | Article 10(h) and Article 12(4) of Directive 2014/24 do not preclude a regional law that requires a contracting authority to provide reasons for its decision to award the contract for the provision of ordinary patient transport services by way of a tendering procedure rather than by direct award of the contract by means of an agreement entered into with another contracting authority. |
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2.

Article 10(h) and Article 12(4) of Directive 2014/24 do not preclude a regional law that requires a contracting authority to provide reasons for its decision to award the contract for the provision of ordinary patient transport services by way of a tendering procedure rather than by direct award of the contract by means of an agreement entered into with another contracting authority.

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(1)  OJ C 164, 13.5.2019.

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